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(영문) 대구지방법원포항지원 2020.10.06 2020가단102585
부동산인도 청구의 소
Text

From January 30, 2020 to the completion date of delivery of real estate in the annexed sheet from 9,210,000 to 80.

Reasons

1. Case summary and judgment

A. On November 2, 2019, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on November 2, 2019, with a deposit of KRW 10,000,000, monthly rent of KRW 800,000 (payment on November 30, 2019) and the period from November 30, 201 to November 29, 2021. Since the Defendant paid the said deposit to the Plaintiff for the lease deposit, the fact that the Plaintiff paid KRW 10,000 to the Plaintiff for the first rent after residing in the instant real estate on November 30, 2019 is not disputed between the parties or that the Plaintiff paid KRW 10,00,00 to the Plaintiff on March 1, 202 is recognized by comprehensively taking account of the overall purport of the pleadings in subparagraphs A through B (including the serial number).

According to the above facts, so long as the above lease contract is deemed to have been terminated upon the exercise of the right to terminate the contract by the plaintiff (by the filing of the lawsuit in this case), the defendant is obligated to receive from the plaintiff the remaining money excluding the money calculated by the rate of KRW 9,210,00 (=10,000 - (80,000 for the rent paid on December 30, 2019 - 10,000), from January 30, 2020 to the day the delivery of the real estate in this case is completed, and deliver the real estate in this case to the plaintiff at the same time.

B. The defendant asserts that the plaintiff failed to perform his promise to repair and repair the real estate of this case due to serious defects, and that the defendant should pay the rent during the non-performance period after the repair was performed. However, there is no specific evidence to acknowledge the defendant's assertion.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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